ESSAYS ON THE STATE Antony P. Mueller ESSAYS ON THE STATE Copyright © 2018 by Antony P. Mueller. All Rights Reserved. All rights reserved. No part of this book may be reproduced in any form or by any electronic or mechanical means including information storage and retrieval systems, without permission in writing from the author. The only exception is by a reviewer and by academics, who may quote short excerpts in a review. July 2018 ESSAYS ON THE STATE I. THE STATE AND ITS MINIONS The State is generally considered as a necessity. Even many of those who believe that the State is an evil, consider it is a necessary evil. The State is indispensable, they say, only anarchist would dispute this fact. Economic theory holds that the State is the provider of public and social goods. The public believes that the State is that organization by which we protect ourselves from ourselves. By subsidizing the supply of certain goods such as education and healthcare the State helps us to consume more of these benefits than we would do individually and with some harmful goods (the ‘bads’), the State protects us against the damage that we would inflict upon ourselves if there were easy access to these products. There is a broad consensus that the State is necessary to provide things such as the roads, schools, hospitals, and care for our domestic and external security. Yet to be governed means more than just obtaining the supply of the so-called ‘public goods’, as Pierre-Joseph Proudhon indicts: “To be GOVERNED is to be watched, inspected, spied upon, directed, law- driven, numbered, regulated, enrolled, indoctrinated, preached at, controlled, checked, estimated, valued, censured, commanded, by creatures who have neither the right nor the wisdom nor the virtue to do so. To be GOVERNED is to be at every operation, at every transaction noted, registered, counted, taxed, stamped, measured, numbered, assessed, licensed, authorized, admonished, prevented, forbidden, reformed, corrected, punished. It is, under pretext of public utility, and in the name of the general interest, to be place under contribution, drilled, fleeced, exploited, monopolized, extorted from, squeezed, hoaxed, robbed; then, at the slightest resistance, the first word of complaint, to be repressed, fined, vilified, harassed, hunted down, abused, clubbed, disarmed, bound, choked, imprisoned, 1 Antony P. Mueller judged, condemned, shot, deported, sacrificed, sold, betrayed; and to crown all, mocked, ridiculed, derided, outraged, dishonored. That is government; that is its justice; that is its morality." (Pierre-Joseph Proudhon: Idée Générale de la Révolution au XIXe Siècle (1851)- General Idea of the Revolution in the Nineteenth Century. More than 150 years late, things have not changed much. In a democracy, the State has not diminished its role but has grown into horrific dimensions as Hans- Hermann Hoppe describes in his “A Short History Of Man”: “Every detail of private life, property, trade, and contract is regulated…In the name of social, public, or national security, democratic caretakers “protect” us from global warming and cooling, the extinction of animals and plants and the depletion of natural resources, from husbands and wives, parents and employers, poverty, disease, disaster, ignorance, prejudice, racism, sexism, homophobia and countless other public “enemies” and “dangers. Yet the only task government was ever supposed to assume—of protecting our life and property—it does not perform. To the contrary, the higher the state expenditures on social, public, and national security have risen, the more private property rights have been eroded, the more property has been expropriated, confiscated, destroyed, and depreciated, and the more have people been deprived of the very foundation of all protection: of personal independence, economic strength, and private wealth. The more paper laws have been produced, the more legal uncertainty and moral hazard has been created, and lawlessness has displaced law and order. And while we have become ever more dependent, helpless, impoverished, threatened and insecure, the ruling elite of politicians and plutocrats has become increasingly richer, more corrupt, dangerously armed, and arrogant.“ In a democracy, ‘we’ now are the State ourselves. The State is no longer separated from society, from the family, and from the local community but is in us, the people. “We are the State”, the mob exclaims, fired up by the encouragements of the State’s own band of cheerleaders. In a democracy, the State is not only necessary, it is we, our own identity. A deeper analysis, however, reveals, that most of these popular claims are false. The State is not sacred. The State as the people is a fiction. Along with Franz Oppenheimer in “The State” (1908), Murray Rothbard in his “The Anatomy of the State” (originally published in “Egalitarianism as a Revolt Against Nature and Other Essays” 1974) have thoroughly exploded the common justifications of the State. As Rothbard points out in his essay, the identification of the people with the State leads to serious errors. Taking the State for the people provides the bases to claim 2 ESSAYS ON THE STATE that if “the government has incurred a huge public debt which must be paid by taxing one group for the benefit of another, this reality of burden is obscured by saying ‘we owe it to ourselves’, if the government conscripts a man, or throws him into jail for dissident opinion, he is ‘doing it to himself’, and, therefore, nothing untoward has occurred.” Also, in a democracy, the State is not ‘we’, the government is not ‘us’. In a democracy, the “government does not in any accurate sense ‘represent’ the people”. What then, is the State, asks, Rothbard, if the State is not a family or an organ of which we are all part, and his answer is that “the State is that organization in the society which attempts to maintain a monopoly of the use of force and violence in a given territorial area; in particular, it is the only organization in a society that obtains its revenue not by voluntary contribution or payment of services and by the peaceful and voluntary sale of these goods and services to others, the State obtains its revenue by the use of compulsion, that is, by the use and the threat of the jailhouse and the bayonet.” In the footsteps of Joseph Schumpeter (Capitalism, Socialism, and Democracy, 1942), Rothbard extends the definition of the State by Max Weber as the “human community that (successfully) claims the monopoly of the legitimate use of physical force within a given territory” (in “Politik als Beruf” 1918) by the aspect that the Sate lives on a revenue which is produced in the private sphere for private purposes and must be taken away by political force. Man is born into this world naked and helpless and of total dependence on care. It takes years for a human being to develop reasoning and to acquire the skills for production. Social association is a necessity in the early life and a requirement when grown up because the social cooperation within the network of the division of labor enhances the individual productivity. The exchange of goods is natural to man. When people exchange goods, they exchange property. Therefore, property rights and the free market exchange form a vital part of human nature. As Franz Oppenheimer elaborates in ‘Der Staat’ (1908), there are only two means of wealth accumulation: either through the economic mean or by political means. The political means are in the hands of the State. The State is the instrument to plunder the wealth of the private sector. The political instrument to acquire wealth is opposed to the economic way. While the economic method is natural and beneficial to all, the political way is unnatural and detrimental to the general prosperity. By means of the State, a few live at the cost of all. The basis of the political means is not a voluntary exchange but coercion. Not by a social contract comes the State into existence but with conquest and submission. The State begins with conquest and has gone through a series of stages till our present days. As Oppenheimer recounts human history, the conquering tribe submits the conquered tribe in order to plunder. Yet instead of complete exploitation 3 Antony P. Mueller and elimination, the conquerors opt for a peaceful arrangement with the conquered. The conquerors unite with the conquered under the umbrella of a common State as a nation. From the stateless society of the huntsmen and gatherers and the nomads and warriors, the State comes into existence with conquest and annihilation. Over time, the conquerors learn to exploit the conquered and use slavery and other forms of bondage instead of annihilation. Instead of getting the honey like a bear, the State acts like a beekeeper. From there emerges the territorial union of conquerors and conquered when the ruling class acts mainly as judicial supervisors and arbitrators for the conquered does finally merge with the people as a nation State. This stage prepares the path for the stateless society of the future, Oppenheimer predicts. Historical Development Stages of the State (based on The State by Franz Oppenheimer) PREHISTORIC STATELESS SOCIETY STATELESS SOCIETY I Huntsmen and gatherers STATELESS SOCIETY II Herdsmen and Vikings STATELESS SOCIETY III Nomads and warriors STATE STAGE I Conquest and annihilation of the conquered STAGE II Conquest and submission of the conquered STAGE III Capitalization and tribute extraction STAGE IV Territorial union STAGE V Rule by arbitration and courts STAGE VI Nation building POST-HISTORIC STATELESS SOCIETY SELF-GOVERNING SOCIETY Private law society FREEMEN’S CITIZENSHIP Demise of the state ANARCHO-CAPITALISM Economic exchange society Economic development brings with it that the political means must recede against the economical means.